• Annual Arbitration Review- 2017

    Chittaranjan Maity v. Union of India : Award of interest under section 31(7)a of the Arbitration and Conciliation Act, 1996.

    Reading Time: 4 minutes The following case discusses the stage at which the arbitrability of a dispute can be brought. The Court held that the Division Bench was not justified in hearing the challenge on arbitrability of the dispute in light of the failure of the Respondent to raise the plea at the first instance before the Single Judge in the High Court or the Arbitral Tribunal. Further the Court upheld the law under section 31(7)(a) of the Arbitration and Conciliation Act 1996 (“A&C Act”), which allows the Arbitral Tribunal to pass an award for interest of pre-award period and pendent lite. However, in this case the agreement itself prevented…

  • Arbitration

    The Arbitrability Conundrum : An Assessment of Non-Arbitrability Of Lease Disputes in India

    Reading Time: 3 minutes Introduction- India is considered to be a pro-arbitration centre by the world and is shaping its Arbitration and Conciliation Act, 1996 (“Act”) in order to become a hub for arbitration world-wide. There have been many improvements in the Act in order to achieve its goal but it is paradoxical that the horizon of disputes which are non-arbitrable have increased, one among them is lease disputes. The Issue of Arbitrability: The Arbitration and Conciliation Act does not specify which disputes are arbitrable or which are not. This issues has been left for the Courts to deliberate upon. 1) It was in Natraj Studio’s case[1] where the landlord…

  • Arbitration

    Enforceability of Foreign Awards Against Minors in India

    Reading Time: 6 minutes In the recent judgement of Daiichi Sankyo Company Limited (Petitioner) v. Malvinder Mohan Singh and Ors. (Respondents) (2018), the Delhi High Court enforced a foreign arbitration award, yet inter alia declared that the award of damages against minors is illegal, non est and void as it is opposed to the public policy of India. This article solely discusses the issue with respect to minors. Background In the case, the respondents had fraudulently induced the petitioner to acquire their shares by concealing a document that stated the genesis, nature and severity of pending investigations by the US Food and Drug Administration (FDA) and Department of Justice (DOJ).…

  • Arbitration

    The Joinder of Non-signatories to Arbitration: Discussion on the Recent Ameet Lalchand Case

    Reading Time: 4 minutes Introduction Arbitration has come to the fore as a viable alternative to the Court system for resolution of disputes. The Arbitration and Conciliation Act (“ACA”), 1996 governs the procedural aspects of this mechanism. It has been modified multiple times over the years to get into place an efficient dispute settlement mechanism. The statute is divided into two parts – Part I applies to domestic arbitrations while Part II applies to foreign-seated arbitrations. In the case of Balco[1], the Supreme Court confirmed this separation and held that Part I and II would never apply simultaneously to an arbitration proceeding. While the Arbitration and Conciliation (Amendment) Act, 2015…

  • Arbitration

    Institutionalising Arbitration in India

    Reading Time: 4 minutes The New Delhi International Arbitration Centre Bill, 2018 (the “NDIAC Bill”) was introduced in the Lok Sabha earlier this year. The object of the bill is to encourage the establishment of the New Delhi International Arbitration Centre (“NDIAC”) to allow for an autonomous and an independent institution that promotes a more efficient arbitration mechanism in India.   Highlights of the NDIAC Bill  The objective of establishing the NDIAC was to further the process of institutionalisation of arbitration in India. This effort aims to ensure that the system is more efficient and not a time consuming process. Earlier, under the guidance of Mr. Justice B. N Srikrishna, a high level committee looked into the obstacles that hampered the institutionalization of arbitration in India and suggested reforms to the working of International Centre for Alternative Dispute Resolution…

  • Arbitration

    Future of Arbitration Bar in India: Talk by Mr. Tejas Karia at Jindal Global Law School

    Reading Time: 5 minutes Mr. Tejas Karia was invited to Jindal Global Law School to give a public lecture on the ‘future of arbitration in India’ on 28th March 2018. He is a specialist in IT laws, domestic arbitrations and international commercial arbitrations. Mr. Karia is presently a Partner and heads the arbitration practice at Shardul Amarchand Mangaldas & Co., one of India’s most prestigious law firms. He is a member of Bar Council of Gujarat and is additionally a solicitor in Law Society of England and Wales and a fellow of Chartered Institute of Arbitrators (CIArb). Roles and expectations of Indian Arbitration Bar Mr. Karia began the talk by…

  • Uncategorized

    From the Editorial Board

    Reading Time: 3 minutes Welcome to the Mapping ADR Blog. The legal profession has witnessed the uninterrupted growth of Alternative Dispute Resolution (“ADR”). Globalisation and the rise of cross-border transactions have only propelled this paradigm shift, thus giving way to a multitude of complex legal issues. India has not remained untouched from this growing impetus. There is an increasing push from the legislature to encourage settlement of disputes through arbitration. The Arbitration and Conciliation (Amendment) Act, 2015 (“Amendment Act”) aimed to provide for the timely completion of arbitral proceedings by setting time periods for making the arbitral award and the disposal of cases by courts. It also sought to reduce…

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